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Do we have a disability discrimination case against my childs school, everyone says I do & The school will no longer accept them

Charleston, WV |

I have 3 daughters who have attended this public school there whole life. We live in WV, and we are right on the border of 2 countys, actually have 1 countys zipcode, but considered living in the other county, so they have been considered out of county students, as is more than half the entire school. Without out of county students, the school would have to close. 1 of my girls was born premature @ 23 weeks and requires special teaching n grading, and special vision devices to learn, which they have provided. It has taken her several years to adapt and teachers to learn how she is. Now they are declining all 3 of my kids from going, based upon 1 or more-attendance,behavior,financial,academic, Which none apply. They said 2 of my kids could go, but figured we wouldnt want that so denyed all

All 3 of them had perfect attendance & made good grades, the denial is based upon the child with the disability, but denied all 3 because they figured we wouldnt want to send 1 to another school. Like i said we live on the border of 2 countys and more than 50% is out of county that attend this school, It will be drastic on all 3 of them but even more so on my child with the disabilitys. The County in which we are considered living has always given us a release to go to this school. She requires a special vision machine to learn, and it takes her alot longer to grasp ahold of learning. & speech delay due to having a trach when younger. She is a hard worker & everyone knows this. None of the things listed on the denial pertain to any of my kids & My child with the disability that decision was based upon is graded on her work effort and how much she gets done, & on regular school papers as she get them completed.Need more info, let me know. Im pretty sure this is discrimination case by denying them. Ty

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Attorney answers 1


Does your child with a disability have an "IEP" (Individual education program)?

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Yes she does.

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